German court extends push e-mail injunction against iCloud, MobileMe

Apple is still required to disable push e-mail for iCloud and MobileMe users …

A German judge has extended an injunction against Apple barring the company from pushing e-mail to iCloud and MobileMe users in that country. The injunction was originally awarded after Motorola argued that Apple's push e-mail violated one of its patents related to syncing messages to pagers. As such, the injunction will remain in place while the court plans to consider Motorola's case involving a 3G-related patent separately.

Motorola won German injunctions against Apple Sales International, Apple's European distribution subsidiary, for two different patents earlier this year: one blocking push e-mail and the other banning sales of iPhones and 3G-equipped iPads. Motorola was able to enforce the injunction pertaining to push e-mail, forcing Apple to shut off push e-mail features for iCloud and MobileMe. Apple appealed the injunction, attempting to have the patent ruled invalid, but it was later rejected by the appeals court.

On Friday, Judge Andreas Voss of the Mannheim Regional Court upheld the injunction against push e-mail, extending it to Apple, Inc. proper. He also ruled that Apple was liable for damages, though the exact amount was not specified.

Voss also ruled to separate the claim relating to the 3G wireless patent so the court could consider it for ruling at a later date. Motorola's 3G patent is encumbered by an agreement to license it on fair, reasonable, and non-discriminatory (FRAND) terms, but German case law requires that a FRAND defense can only be brought against a standards-related patent if the accused infringer has made an offer to license the patents. The original ruling went against Apple because its offer included clauses allowing it to later bring up other issues in court, including having the patent invalidated or arguing that Qualcomm's license with Motorola covered Apple's use of the technology. Apple revised its offer, and an appeals court ruled that further refusal of the terms by Motorola would constitute anti-competitive behavior.

As noted by FOSS Patents, the Mannheim court will likely hold another hearing on the matter, as Voss was apparently "skeptical" of the appeals court ruling suspending the injunction against Apple Sales International. It's still possible that Motorola may yet get an injunction barring Apple from selling iPhones and 3G-equipped iPads in Germany if it extends its original injunction against Apple, Inc.

Even if Motorola ends up winning such a ruling, however, it could end up causing the company more trouble than it's worth. The European Commission recently began a formal investigation to determine if Motorola is using FRAND-encumbered 3G wireless patents to stifle competitors and abusing its position as a contributor to 3G wireless standards. Though a ruling in its favor will put pressure on Apple to settle the various lawsuits between the two companies, it could end up confirming the Commission's concerns about abuse of standards-related patents.